EN BANC
A.M. No. 07-8-2-SC
RULE ON CHILDREN CHARGED
UNDER REPUBLIC ACT NO. 9165 OR
THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
RESOLUTION
Acting on the recommendation of the Chairperson and
Members of the Subcommittee on Rules of Procedure for Family
Courts submitting for this Court’s consideration and approval the
proposed Rule On Children Charged Under Republic Act No. 9165
or The Comprehensive Dangerous Drugs Act of 2002, the Court
Resolved to APPROVE the same.
This Resolution shall take effect on November 5, 2007
following its publication in a newspaper of general circulation not
later than October 5, 2007.
September 11, 2007.
REYNATO S. PUNO
Chief Justice
LEONARDO A. QUISUMBING
Associate Justice
CONSUELO YNARES-SANTIAGO
Associate Justice
2
Resolution
A.M. No. 07-8-2-SC
ANGELINA SANDOVAL-GUTIERREZ
Associate Justice
ANTONIO T. CARPIO
Associate Justice
MA. ALICIA AUSTRIA-MARTINEZ
Associate Justice
RENATO C. CORONA
Associate Justice
CONCHITA CARPIO MORALES
Associate Justice
ADOLFO S. AZCUNA
Associate Justice
DANTE O. TINGA
Associate Justice
MINITA V. CHICO-NAZARIO
Associate Justice
CANCIO C. GARCIA
Associate Justice
PRESBITERO J. VELASCO, JR.
Associate Justice
ANTONIO EDUARDO B. NACHURA
Associate Justice
RUBEN T. REYES
Associate Justice
THE RULE ON
CHILDREN CHARGED UNDER THE
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
SECTION. 1. Applicability.—This Rule, together with the
pertinent provisions of the Rule on Juveniles in Conflict with the
Law, the Rule on the Examination of a Child Witness, and
Republic Act No. 9344 or The Juvenile Justice and Welfare Act of
2006, applies to all cases involving children charged under
Republic Act No. 9165, otherwise known as the Comprehensive
Dangerous Drugs Act of 2002.
The Rules of Court shall apply suppletorily.
SEC. 2. Objectives.—It is the policy of the State to safeguard
the integrity of its territory and the well-being of its citizenry,
particularly children, from the harmful effects of dangerous drugs
on their physical and mental well-being and to defend them against
acts or omissions detrimental to their development and
preservation.
Pursuant to this policy and the mandate of Republic Act No.
8369, also known as The Family Courts Act of 1997, vesting
exclusive jurisdiction in Family Courts to hear and decide cases
against minors charged with drug-related offenses, the objective of
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this Rule is to ensure that the rights of children charged with
violation of any of the offenses under The Comprehensive
Dangerous Drugs Act of 2002 are well protected, and that their
interests and those of their family and the community are
adequately balanced. Towards this end, the Rule aims to:
(a)
provide a rule of procedure in the Family Courts
or the Regional Trial Courts, as the case may be,
for children charged with any of the acts
penalized under The Comprehensive Dangerous
Drugs Act of 2002, taking into consideration their
developmental age and potential to recover from
dependence on drugs and to stop substance abuse,
so that they can live productive, substance-free
and crime-free lives;
(b)
ensure a more active and continuous judicial
supervision and monitoring of the compliance by
and progress of the child and family members in
the treatment programs and rehabilitation services
provided; and
(c)
establish greater coordination among the courts,
the treatment community and other community-
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based support agencies, the faith community, the
school system and the family in responding to the
needs of the child under a holistic intervention
and integration policy focused on changing
problem behavior rather than merely punishing
criminal conduct.
SEC. 3. Interpretation.—This Rule shall be construed and
interpreted liberally in favor of the child in conflict with the law,
consistent with the best interest of the child, the declared state
policy, the rights of the child in conflict with the law and the
principle of balanced and restorative justice.
SEC. 4. Definitions.—As used in this Rule:
(a)
Act ─ means Republic Act No. 9165 or The
Comprehensive Dangerous Drugs Act of 2002.
(b)
Administer ─ means any act of introducing any
dangerous drug into the body of any person, with
or without his/her knowledge, by injection,
inhalation, ingestion or other means, or of
committing any act of indispensable assistance to
a person in administering a dangerous drug to
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himself/herself, unless administered by a duly
licensed practitioner for purposes of medication.
(c)
Board ─ refers to the Dangerous Drugs Board
under Section 77, Article IX of Republic Act No.
9165.
(d)
Center ─ means any of the treatment and
rehabilitation centers for drug dependents referred
to in Section 75, Article VIII of Republic Act No.
9165.
(e)
Child ─ refers to any person above 15 years of
age but below 18 under Section 6 of Republic Act
No. 9344.
(f)
Confirmatory Test ─ means an analytical test
using a device, tool or equipment with a different
chemical or physical principle that is more
specific which will validate and confirm the result
of the screening test.
(g)
Controlled precursors and essential chemicals ─
include those listed in Tables I and II of the 1988
UN Convention Against Illicit Traffic in Narcotic
Drugs
and
Psychotropic
Substances
as
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enumerated in the annex attached to Republic Act
No. 9165.
(h)
Dangerous drugs ─ refer to those listed in the
Schedules annexed to the 1961 United Nations
Single
Convention
on
Narcotic
Drugs,
as
amended by the 1972 Protocol, and in the
Schedules annexed to the 1971 United Nations
Single Convention on Psychotropic Substances,
attached as annexes to and made an integral part
of Republic Act No. 9165.
(i)
Deliver ─ refers to any act of knowingly passing a
dangerous drug or controlled precursor and
essential chemical to another, personally or
otherwise, and by any means, with or without
consideration.
(j)
Dispense ─ means any act of giving away, selling
or distributing medicine or any dangerous drug
with or without the use of prescription.
(k)
Drug Dependence ─ as based on the Word Health
Organization definition means a cluster of
physiological,
behavioral
and
cognitive
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phenomena of variable intensity, in which the use
of a psychoactive drug takes on a high priority,
thereby involving, among others, a strong desire
or a sense of compulsion to take the substance;
and the difficulties in controlling substance-taking
behavior in terms of its onset, termination, or
level of use.
(l)
Drug Syndicate ─ means any organized group of
two or more persons forming or joining together,
with the intention of committing any offense
prescribed under Republic Act No. 9165.
(m) Illegal Trafficking ─ means the illegal cultivation,
culture, delivery, administration, dispensation,
manufacture,
sale,
distribution,
possession
trading,
importation,
of
any
transportation,
exportation
dangerous
drug
and
and/or
controlled precursor and essential chemical.
(n)
Instrument ─ means anything that is used in or
intended to be used in any manner in the
commission of illegal drug trafficking or related
offenses.
A.M. No. 07-8-2-SC
(o)
PDEA
-7-
─
refers
to
the
Philippine
Drug
Enforcement Agency.
(p)
Pusher ─ means any person who sells, trades,
administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes,
dispatches in transit or transports dangerous drugs
or who acts as a broker in any of such
transactions, in violation of Republic Act No.
9165.
(q)
Rehabilitation ─ refers to the dynamic process,
including after-care and follow-up treatment,
directed
towards
the
physical,
emotional/psychological, vocational, social and
spiritual well-being, change or enhancement of a
child drug dependent to enable him/her to live
without dangerous drugs, enjoy the fullest life
compatible with the child’s capabilities and
potentials and enable him/her to become a lawabiding
and
community.
productive
member
of
the
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(r)
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Screening Test ─ means a rapid drug test
performed
to
establish
potential/presumptive
positive result.
(s)
Sell ─ means any act of giving away any
dangerous drug and/or controlled precursor and
essential chemical whether for money or any other
consideration.
(t)
Use ─ means any act of injecting, intravenously
or intramuscularly, of consuming, either by
chewing, smoking, sniffing, eating, swallowing,
drinking or otherwise introducing into the
physiological system of the body, any of the
dangerous drugs or controlled precursors and
essential chemicals.
SEC. 5. Mandatory Drug Test.—A child charged before the
prosecutor’s office with a criminal offense not penalized by the
Act, but with an imposable penalty of imprisonment of not less
than six years and one day, shall be subjected to a mandatory drug
test.
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SEC. 6. Screening laboratory test and confirmatory test.—A
child taken into custody for alleged violation of the Act shall be
subjected to a screening laboratory test within twenty-four hours
from the time the child was taken into custody. The apprehending
officer must have reasonable grounds to believe that the child, on
account of physical signs or symptoms or other visible or outward
manifestation, is under the influence of dangerous drugs. If the
result of the test is positive, it shall be challenged by the child
personally or through his/her parents, guardian, custodian or any
relative within the fourth degree of consanguinity or affinity,
within fifteen days after receipt thereof, through a confirmatory
test conducted in any accredited analytical laboratory equipped
with gas chromatograph/mass spectrometry equipment or some
other modern accepted method. If confirmed, the same shall be
prima facie evidence that the child has used dangerous drugs,
which shall be without prejudice to prosecution for other violations
of the Act.
A positive screening laboratory test must be confirmed for
the positive finding to be valid in court.
SEC. 7. Intake Report.—An Intake Report shall be prepared
by the social welfare officer assigned to the child, as soon as the
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child is taken into custody by the apprehending officer pursuant to
Section 10 of the Rule on Juveniles in Conflict with the Law. The
report shall describe the results of a preliminary background
investigation of the child, and shall form part of the records of the
case to aid the proper authorities in properly addressing the
substance abuse problem of the child.
SEC. 8. Voluntary Submission of a Child Drug Dependent to
Confinement, Treatment and Rehabilitation.—A child who is a
drug dependent or suspected to be one may ─ personally or
through the parent, guardian or relative within the fourth degree of
consanguinity or affinity ─ apply to the Board or its duly
recognized representative for treatment and rehabilitation of the
drug dependency. The Board shall then submit the matter to the
court, which shall immediately order that the child be examined for
drug dependency.
SEC. 9. Case Study Report.—The court shall likewise direct
the court social worker to prepare and submit to it a Case Study
Report for its consideration pursuant to Section 19 of the Rule on
Juveniles in Conflict with the Law. The case study report shall
identify the child’s environmental, family and psychosocial
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functioning problems, including a strengths-based biophysical
assessment done on the child by a Department of Health (DOH)accredited physician, to help the court in properly addressing the
substance abuse problem of the child.
SEC. 10.
Examination for Drug Dependency.—The
examination for drug dependency shall be conducted by an
accredited physician of the DOH. If the results show that the child
is a drug dependent, the court shall order that the child undergo
treatment and rehabilitation in a Center designated by the Board
for a period of not less than six months.
SEC. 11.
Treatment and Care by a DOH-Accredited
Physician.—A child drug dependent may be placed under the care
of a DOH-accredited physician if:
(a)
no Center is near or accessible to the residence of
the child; or
(b)
where the child is a first-time offender and nonconfinement in a Center will not pose a serious
danger to his/her family or community.
SEC. 12. Treatment Program Design.—The court shall direct
the Center or DOH-accredited physician to ensure that the
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treatment program designed for the child shall consider the
following factors:
(a)
Family history of drug or substance abuse;
(b)
Personality characteristics such as low selfesteem,
sensation-seeking
attitude,
lower
intellectual achievement and aggressive behavior;
(c)
Gender-based violence;
(d)
Lack of family or relational attachments;
(e)
Peer pressure; or
(f)
School or education environment.
The court shall also direct that the intervention treatment
program include the active participation and collaboration of the
child’s family, the law enforcers, the child’s school, if any, various
community organizations dealing with at-risk youths, and the court
system itself.
SEC. 13. Period of Confinement in a Center or Under the
Care of DOH-Accredited Physician.—Confinement in a Center for
treatment and rehabilitation or under the care of a DOH-accredited
physician shall not exceed one year, after which time the head of
the Center or the said physician, as the case may be, shall apprise
the court, as well as the Board, of the status of the treatment and
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rehabilitation of the child. The court, together with the Board,
shall determine whether further confinement or care will be for the
welfare and best interest of the child drug dependent and his/her
family or the community.
SEC. 14.
Program.—A
Discharge Under the Voluntary Submission
child
drug
dependent
under
the
voluntary
submission program who is finally discharged from confinement
shall be exempt from criminal liability under Section 15 of this
Act, subject to the following conditions:
(a)
He/she
has
complied
with
the
rules
and
regulations of the Center or those imposed by the
DOH-accredited physician, the applicable rules
and regulations of the Board, including the aftercare and follow-up program for at least eighteen
months following temporary discharge from
confinement in the Center or, in the case of a drug
dependent placed under the care of the DOHaccredited physician, the after-care program and
follow-up schedule formulated by the Department
of Social Welfare and Development (DSWD) and
approved by the Board;
A.M. No. 07-8-2-SC
(b)
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He/she has never been charged with or convicted
of any offense punishable under the Act, the
Dangerous Drugs Act of 1972 or Republic Act
No. 6425, as amended, the Revised Penal Code,
as amended, or any other special penal law;
(c)
He/she has no record of escape from a Center or,
if an
escapee, has surrendered personally or
through the parents, guardian or relative within
the fourth degree of consanguinity or affinity,
within one week from the date of the escape; and
(d)
He/she poses no serious danger to his/her person,
family or community.
Should the child fail to comply with any of the above
conditions, the case shall be referred to the prosecutor for regular
preliminary investigation.
SEC. 15. Temporary Release from the Center, After-Care
and Follow-up Treatment Under the Voluntary Submission
Program.—Upon certification by the Center or the DOHaccredited physician that the child drug dependent under the
voluntary submission program may be temporarily released, the
court shall order such release on condition that the child shall
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report to the DOH for after-care and follow-up treatment, including
urine testing, for a period not exceeding eighteen months under
such terms and conditions that the court may impose.
The DOH-accredited physician can recommend to the court
the temporary release of the child drug dependent at least forty-five
days after initial admission to a facility and may likewise prescribe
a comprehensive after-care and follow-up program approved by
the court to which the child drug dependent should adhere in order
to complete at least eighteen months.
If at any time during the period of after-care and follow-up
program, the child is certified to be rehabilitated, the court shall
order his/her final discharge, subject to the provisions of Section
12 of this Rule, without prejudice to the outcome of any pending
case filed in court.
SEC. 16. Recommitment.—Should the DOH find that during
the initial after-care and follow-up program of eighteen months,
the child requires further treatment and rehabilitation in the Center
or by the DOH-accredited physician, he/she shall be so
recommitted.
Thereafter, he/she may again be certified for
temporary release and ordered released for another after-care and
follow-up program pursuant to Section 13 of this Rule.
A.M. No. 07-8-2-SC
SEC. 17.
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Probation and Community Service Under the
Voluntary Submission Program.—A child drug dependent under
the voluntary submission program who is discharged as
rehabilitated by the Center or DOH-accredited physician, but does
not qualify for exemption from criminal liability under Section 55
of the Act, may be charged under the provisions of the Act.
However, the court upon its discretion may order that the child be
placed on probation and that he/she undergo community service in
lieu of imprisonment and/or fine, without prejudice to the outcome
of any pending case filed in court.
The child drug dependent shall undergo community service
as part of his/her after-care and follow-up program which may be
done in coordination with non-governmental civic organizations
accredited by the DSWD, with the recommendation of the Board.
Both the after-care and follow-up programs shall employ a
strengths-based approach which shall focus on reinforcing the
positive internal resources of the child, such as his/her innate
talents or skills, what he/she is good at, as well as what his/her life
goals are and what may be done to achieve them.
SEC. 18. Filing of Charges Against a Child Drug Dependent
Who is not Rehabilitated Under the Voluntary Submission
A.M. No. 07-8-2-SC
Program.—A
-17-
child
drug
dependent
under
the
voluntary
submission program who is not rehabilitated after a second
commitment to the Center or a DOH-accredited physician under
the voluntary submission program shall be charged and prosecuted,
upon recommendation of the Board, with violation of Section 15 of
the Act. If convicted, the child shall be credited for the period of
confinement and rehabilitation in the Center or by the DOHaccredited physician, in the service of the sentence. In addition
thereto, the child shall enjoy all the rights provided under the Rule
on Juveniles in Conflict with the Law that are not inconsistent with
the provisions of the Act.
SEC. 19. Escape and Recommitment for Confinement and
Rehabilitation Under the Voluntary Submission Program.—A
child under the voluntary submission program who escapes from
the Center or from the custody and care of a DOH-accredited
physician may submit himself/herself for recommitment and
rehabilitation within one week from such escape.
The parent,
guardian or relative within the fourth degree of consanguinity or
affinity may, within this period, also surrender the child for
recommitment and rehabilitation in which case the corresponding
order shall be issued by the Board.
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If the child fails to submit himself/herself or is not
surrendered for recommitment or rehabilitation after one week
from his/her escape, the Board shall apply to the court for a
recommitment and rehabilitation order. Upon proof of previous
commitment or voluntary submission of the child to the Board, the
court shall issue an order for recommitment and rehabilitation
within one week from submission of such proof.
If, subsequent to a recommitment, the child once again
escapes from confinement, he/she shall be charged with violation
of Section 15 of the Act and be subjected to compulsory
confinement upon order of the Board or upon order of the court, as
the case may be.
SEC. 20. Confidentiality of Records Under the Voluntary
Submission Program.—The judicial and medical records of a child
drug dependent under the voluntary submission program shall be
confidential and shall not be used against him/her for any purpose,
except to determine how many times the child by himself/herself,
or through his/her parent, guardian, or relative within the fourth
degree
of
consanguinity
or
affinity
underwent
voluntary
submission for confinement, treatment and rehabilitation or
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commitment to a Center or to the custody and care of a DOHaccredited physician under the program.
Where the child is not exempt from criminal liability under
Section 55 of the Act, or when he/she is not rehabilitated under the
voluntary submission program, or when he/she escapes again from
confinement after recommitment, the records mentioned in the
immediately preceding provisions that are necessary for conviction
may be utilized in court as evidence against such child.
SEC. 21.
Compulsory Confinement of a Child Drug
Dependent Who Refuses to Apply Under the Voluntary Submission
Program.—Notwithstanding any law, rule and regulation to the
contrary, any child found to be dependent on dangerous drugs who
refuses to apply under the voluntary submission program shall,
upon petition by the Board or any of its authorized representatives,
be confined for treatment and rehabilitation in any Center duly
designated or accredited by the DOH.
A petition for the confinement to a Center of a child alleged
to be drug dependent may be filed by any person authorized by the
Board with the Family Court, or, in the absence thereof, the
Regional Trial Court of the province or city where such person is
found.
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After the petition is filed, the court shall immediately order a
hearing, fix a date therefor, and serve a copy of such order on the
child and his/her parents, guardian or custodian.
If the facts established at the hearing so warrant, the court
shall order the child to be examined by two physicians accredited
by the Board. If both physicians conclude that the child is not a
drug dependent, the court shall order his/her discharge. If either
physician finds the child to be a dependent, the court shall conduct
a hearing and consider all relevant evidence which may be offered.
If the court finds the child to be drug dependent, it shall issue an
order for his/her commitment to a treatment and rehabilitation
center under the supervision of the DOH. In any event, the order
of discharge or order of confinement or commitment shall be
issued by the court not later than fifteen days from the filing of the
appropriate petition.
SEC. 22.
Compulsory Submission to Treatment and
Rehabilitation of a Child Drug Dependent Charged with an
Offense.—If a child charged with an offense where the imposable
penalty is imprisonment of less than six years and one day is found
by the prosecutor or by the court, at any stage of the proceedings,
to be a drug dependent, the prosecutor or the court, as the case may
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be, shall suspend all further proceedings and transmit copies of the
records of the case to the Board.
In the event the Board determines, after the medical
examination, that public interest requires that such child drug
dependent be committed to a Center for treatment and
rehabilitation, it shall file a petition for commitment with the
Family Court or, in the absence thereof, the Regional Trial Court
of the province or city where the child is being investigated or
tried: Provided, that where a criminal case is pending court, the
petition shall be filed in such court. The court shall take judicial
notice of the prior proceedings in the case and shall proceed to hear
the petition. If the court finds the child to be a drug dependent, it
shall order his/her commitment to a Center for treatment and
rehabilitation. The head of the Center shall submit to the court
every four months, or as often as the court may require, a written
report on the progress of the treatment. If the child drug dependent
is rehabilitated, as certified by the Center and the Board, he/she
shall be returned to the court, which committed him/her, for
discharge therefrom.
Thereafter, the prosecution of the child for any offense
punishable by law shall be instituted or shall continue, as the case
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may be. In case of conviction and the child has been certified by
the treatment and rehabilitation center to have maintained good
behavior, the judgment shall indicate that the child shall be given
full credit for the period he/she was confined in the Center:
Provided, however, that when the offense is for violation of
Section 15 of the Act and the child is not a recidivist, the penalty
therefor shall be deemed to have been served in the Center upon
the release of the child therefrom after certification by the Center
and the Board that the child has been rehabilitated.
SEC. 23.
Prescription of the Offense Charged Against a
Child Drug Dependent Under the Compulsory Submission
Program.—The period of prescription of the offense charged
against a child drug dependent under the compulsory submission
program shall not run during the time that said child is under
confinement in a Center or otherwise under the treatment and
rehabilitation program approved by the Board.
SEC. 24. Temporary and Final Discharge of the Child from
Treatment
and
Rehabilitation
in
Compulsory
Submission;
Recommitment.—Upon certification by the Center that the child
may temporarily be discharged therefrom, the court shall order the
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release of the child on the condition that he/she shall report to the
Board through the DOH for after-care and follow-up treatment for
a period not exceeding eighteen months under such terms and
conditions as may be imposed by the Board.
If at any time during the after-care and follow-up period the
Board certifies to the complete rehabilitation of the child, the court
shall order his/her final discharge and the immediate resumption of
the trial of the case for which the child has been originally charged.
Should the Board through the DOH find at any time during the
after-care and follow-up period that the child requires further
treatment and rehabilitation, it shall file a petition in court for
his/her recommitment.
SEC. 25. Recommitment for Confinement and Rehabilitation
Under the Compulsory Submission Program in Case of Escape.—
A child who escapes from the Center may submit himself/herself
to the Board for reconfinement within one week from the date of
his escape.
The child may likewise be surrendered for
recommitment within the same period by the parent, guardian or
relative within the fourth degree of consanguinity or affinity.
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If the child does not resubmit for confinement or is not
surrendered for recommitment, the Board may apply with the court
for the issuance of a recommitment order.
Upon proof of previous commitment of the child, the court
shall issue an order for recommitment. If, subsequent to such
recommitment, the child should escape again, he/she shall no
longer be exempt from criminal liability for use of any dangerous
drug, in which case, the corresponding charge for violation of
Section 15 of the Act shall be filed against him/her.
SEC. 26. Effect of Final Discharge.—A child committed
under Sections 20, 22 and 23 of this Rule who is finally discharged
from confinement shall be exempt from criminal liability for the
use of a dangerous drug under Section 15 of the Act, without
prejudice to the outcome of any pending case filed in court.
SEC. 27. Non-rehabilitation After Recommitment.—A child
who is not rehabilitated after a second commitment to the Center
shall, upon conviction by the appropriate court, suffer the same
penalties provided for under Section 15 of the Act, without
prejudice to the outcome of any pending case filed in court.
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SEC. 28. Confidentiality of Records Under the Compulsory
Submission Program.—The provisions of Section 18 of this Rule
regarding Confidentiality of Records Under the Voluntary
Submission Program shall apply to a child who is rehabilitated and
discharged under a compulsory submission program, or is charged
with violation of Section 15 of the Act. However, the records of a
child who has not been rehabilitated or who escaped but has not
surrendered within the prescribed period shall be forwarded to the
court and the use of those records shall be determined by the court,
taking into consideration the best interest of the child and public
safety.
SEC. 29. Automatic Suspension of Sentence.—If a child is
under eighteen years of age at the time of the commission of the
offense and is found guilty thereof, the court shall determine and
ascertain any civil liability. However, instead of pronouncing the
judgment of conviction, the court shall place the child under
suspended sentence, without need of application. Suspension of
sentence shall still be applied even if the child is already eighteen
years of age at the time of the conviction.
Upon suspension of sentence and after considering the
various circumstances of the child, the court shall impose the
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appropriate disposition measures under the Rule on Juveniles in
Conflict with the Law.
While under suspended sentence, the child shall be under the
supervision and rehabilitation surveillance of the Board, under
such conditions that the court may impose for a period ranging
from six to eighteen months.
Upon recommendation of the Board, the court may commit
the child under suspended sentence to a Center, or to the care of a
DOH-accredited physician for at least six months, with after-care
and follow-up program for not more than eighteen months.
SEC. 30. Discharge After Compliance with Conditions of
Suspended Sentence.—If the child under suspended sentence
complies with the applicable rules and regulations of the Board,
including confinement in a Center or care of a DOH-accredited
physician, the court, upon a favorable recommendation of the
Board or the physician, shall discharge him and dismiss all
proceedings under Section 11 of the Act.
SEC. 31. Confidentiality of Records.—Upon the dismissal of
the proceedings against the child, the court shall enter an order to
expunge all official records, other than the confidential record to
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be retained by the Department of Justice relative to the case. Such
order, which shall be kept confidential, shall restore the child to
his/her status prior to the case.
SEC. 32. Non-liability for Perjury, Concealment or
Misrepresentation.—The child so discharged shall not be held
thereafter to be guilty of perjury, concealment or misrepresentation
by reason of failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made for any purpose.
SEC. 33. Promulgation of Sentence.—If the child violates
any of the conditions of the suspended sentence, the applicable
rules and regulations of the Board exercising supervision and
rehabilitative surveillance, including the rules and regulations of
the Center should confinement be required, he/she shall be
returned to the court which, after due notice and hearing and after
finding sufficient basis therefor, shall execute the judgment of
conviction.
SEC. 34.
Probation in Lieu of Imprisonment.—In cases
involving violations of Sections 11 and 15 of the Act, the court,
upon application and in its discretion, may place the child under
probation. Probation may still be availed of even if the sentence
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provided under the Act is higher than that provided under the
Probation Law.
The supervision and rehabilitative surveillance of the child
who is placed under probation shall be undertaken by the Board or
the DOH-accredited physician through the DOH in coordination
with the Board of Pardons and Parole and the Probation
Administration.
Upon compliance with the conditions of the
probation, the Board or the DOH-accredited physician shall submit
a written report to the court recommending termination of
probation and final discharge of the probationer. Thereupon, the
court shall issue such an order.
SEC. 35. Compliance with Community Service Orders.—In
cases involving violations of Section 15 of the Act, the court may
impose community service in lieu of imprisonment.
When so
imposed, the order of the court shall be complied with under such
conditions, time and place as it may determine according to its
discretion, and upon the recommendation of the Board or the
DOH-accredited physician.
The completion of the community service by the child shall
be under the supervision and rehabilitative surveillance of the
Board or the DOH-accredited physician during the period required
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by the court. Thereafter, the Board or physician shall tender a
report to the court on the manner of compliance with the
community service.
The court in its discretion may order the
extension of the community service or issue an order of final
discharge.
In both cases, the confidentiality of the judicial records shall
be maintained.
SEC. 36.
Credit in Service of Sentence.—If the sentence
promulgated by the court for the child requires imprisonment, the
period spent by the child in the Center or under the care of the
physician during the suspended sentence shall be deducted from
the sentence to be served.
SEC. 37. Records to be kept by the Department of Justice
(DOJ).—The DOJ shall keep a confidential record of the
proceedings on suspension of sentence, and the record shall not be
used for any other purpose unless beneficial to the child and
ordered by the Court that handled the case.
SEC. 38. Liability of a Parent or Guardian Who Refuses to
Cooperate with the Board or any Concerned Agency.—Any parent
or guardian who, without valid reason, refuses to cooperate with
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the Board or any concerned agency in the treatment and
rehabilitation of a child, or in any manner prevents or delays the
after-care, follow-up or other programs for the welfare of the child
drug dependent, whether under a voluntary or a compulsory
submission program, may be cited for contempt by the court.
SEC. 39.
Gender-Sensitivity Training.—No personnel of
rehabilitation and training facilities shall handle children in conflict
with the law without having undergone gender-sensitivity training.
SEC. 40.
Effectivity.—This Rule shall take effect on
November 5, 2007, after its publication in a newspaper of general
circulation not later than October 5, 2007.